Tuesday, 2 September 2014

ENFORCEMENT OF FUNDAMENTAL RIGHTS IN NIGERIA (For Laymen)

Does every wrong give birth to a violation of one’s fundamental right?

A client once shared the story of how his mother refused to disclose who his father is, and he concluded “I want to enforce my Right to know my father!” In this sense, he has a Right, but is it fundamental? This is why it is essential for every layman to understand first that not every wrong will amount to a violation of one’s Rights, and not all Rights are fundamental and therefore enforceable.

There are debates on the issue of whether it will not amount to a misnomer to classify certain rights as being “fundamental” while others are simply regarded as “human rights” (but we can leave the debate to lawyers). However, it seems to be well established that those rights that are expressly permitted by the law of a nation and declared to be enforceable are the Rights that qualify as being “fundamental”.

For a Right to be enforceable therefore, the first thing to find out is whether the Right is expressly provided for or incorporated and declared to be enforceable as a fundamental right. To this extent, everybody is obliged to have a copy each of the 1999 Constitution, the African Charter on Human and Peoples’ Rights, and the Fundamental Rights (Enforcement Procedures) Rules 2009; these are the principal documents that will give every person a basic understanding of their enforceable rights and how to go about the enforcement of those rights.

Where an act tantamount to a violation of one’s fundamental right is being, has being, or is likely to be contravened, a person may apply to a High Court in that State for Judicial redress. Sometimes, the violation may spread across different States, in that situation, the person may choose to apply to Court in any of the States through his or her Legal Attorney. The documents to be filed in Court and the specific Court to approach whether Federal High Court or a State High Court ought to be sorted out by the Legal Attorney, but a person applying for the protection of his or her fundamental right may concern him or herself with jotting the facts of the infringement, keeping records that may serve as evidence in the course of judicial proceedings (e.g. pictures), and narrating the story in details to a Legal Attorney so as to receive professional guide and advice on the competence of the alleged infringement. A person may initiate an action (as the Applicant) for the enforcement of his/her fundamental right or that of another person. When approaching the court on behalf of another person, the guiding principle is that the Applicant is either acting in his own interest; on behalf of another person; as a member of, or in the interest of a group or class of persons; in the public interest, and/or as an Association acting in the interest of its members or other individuals or groups.

Certain Rights are applicable to citizens alone (under the 1999 Constitution). They are: right to privacy and family life, right to freedom of movement, right to freedom from discrimination, and right to acquire and own immovable property anywhere in Nigeria. Non citizens are not totally shut out by the provisions, but may enjoy some of the provisions not as a right, but as a matter of privilege upon the fulfilment of necessary conditions. Having incorporated the African Charter, it is evident that non citizens can enforce the above stated citizens’ rights under the Charter without any recourse to the 1999 Constitution; however, non citizens can only enjoy the provisions within the context, and scope of the Charter.

Upon hearing the Application and apart from the prayers sought by an Applicant, the Judge may make such order or orders as may be just and expedient in the circumstance.

Questions may be directed to eyitayoogunyemi@gmail.com (+234-806-0623-454) or asked directly in the comment box below.

This article has been prepared by Eyitayo Ogunyemi for information purposes only and does not and is not in any way to be substituted for a legal advice,

I am the
Founder of LAW ACCENT; a fast growing consultancy firm that teaches elementary
principles of law to the public. I am also the founding partner of ATTORNEYS’
HAVEN (a Law Practice Firm). I started my career at FALANA & FALANA’S
CHAMBERS where I had a successful stint which saw me rise through the ranks
within a very short time to become the Deputy Head of Property Department, a
position I held until my eventful resignation in December 2015 to focus more on
spreading the knowledge of law to the public.

In the
course of serving under Falana's Chambers, I embraced the view that “LAW is
made for the public (and not for Lawyers), so every person must have a basic
understanding of LAW as it applies to him/her”, it was upon that understanding
that LAW ACCENT was initiated to spread the knowledge of Law to the public.
Over the years, I have become extremely passionate about teaching Law to the
public in a way that has never been done before in Nigeria; I coordinate
training for grassroots people on their rights and duties under Nigerian Laws;
and I also host business advisory training for business people.

I initiated
a yearly series called PEOPLE’S PARLIAMENT in 2014 to bring LAW to the level of
grassroots people. Through the People’s Parliament, many people have been made
to understand their rights and duties under the Nigerian Laws, and they have
also been trained on how to hold the government accountable for its policies.

I am the
author of the blog www.eyitayoogunyemi.blogspot.com which is a blog space
dedicated to passing in the most ordinary language the knowledge of law to the
public.

I am
committed to building a knowledge based Nigeria, and this commitment has
inspired me to organize mentoring programs for Nigerian youths (tertiary
institution students in particular) on the subject of discovering what to live
for and how to go about it.

I look
forward to ways I can be of assistance to people in their daily endeavours and
my social media profiles are as follows: